State v. Davis

Full title: State of Delaware v. Richard Davis ID

Court: Superior Court of Delaware

Date published: Jul 21, 2022

No. 85002087DI (Del. Super. Ct. Jul. 21, 2022)

Opinion

85002087DI

07-21-2022

State of Delaware v. Richard Davis ID

Jan R. Jurden, President Judge

Submitted: May 2, 2022

Dear Mr. Davis:

The Court is in receipt of your "Motion for Redress of Postconviction Review Under Superior Court Civil Rules of Procedure, Rules 59(e) and 60(b)(3)" dated April 26, 2022, and filed filed on May 2, 2022.¹ In your latest motion, you reargue the same "conflict of interest" argument raised in your second motion for postconviction relief.²

1 D.I. 58. Based on Defendant's reference to Superior Court Rule of Civil Procedure 59(e), the Court construes this as a motion for reargument.

2 D.I. 55. Defendant's second motion for postconviction relief was summarily dismissed by the Court as untimely and procedurally barred. See D.I. 57.

Motions for reargument are governed by Superior Court Rule of Civil Procedure 59(e). Rule 59(e) states "[a] motion for reargument shall be served and filed within 5 days after the filing of the Court's opinion or decision."³ Here, the Court issued its Order summarily dismissing your second motion for postconviction relief on April 13, 2022.⁴ Your motion was not filed until May 2, 2022. Your motion for reargument is DENIED as untimely.⁵

3 Super. Ct. Civ. R. 59(e) (emphasis added).

4 D.I. 57.

5 See Webb v. State, 911 A.2d 804 (Table) (Del. 2006) (affirming the Superior Court's denial of defendant's motion for reargument because it was not filed until nearly three weeks after the Superior Court denied defendant's motion for postconviction relief).

IT IS SO ORDERED.

Very truly yours,

Jan R. Jurden, President Judge